THE CRITICAL PERIOD OF
AMERICAN HISTORY
1783–1789

BY

JOHN FISKE

"I am uneasy and apprehensive, more so than during the war."
Jay to Washington, June 27, 1786.

BOSTON AND NEW YORK
HOUGHTON, MIFFLIN AND COMPANY

The Riverside Press, Cambridge

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Copyright, 1888,
By JOHN FISKE.

All rights reserved.

The Riverside Press, Cambridge, Mass., U.S.A.
Electrotyped and Printed by H.O. Houghton & Co.

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To
MY DEAR CLASSMATES,
FRANCIS LEE HIGGINSON
AND
CHARLES CABOT JACKSON,
I DEDICATE THIS BOOK.

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PREFACE.

This book contains the substance of the course of lectures given in the Old South Meeting-House in Boston in December, 1884, at the Washington University in St. Louis in May, 1885, and in the theatre of the University Club in New York in March, 1886. In its present shape it may serve as a sketch of the political history of the United States from the end of the Revolutionary War to the adoption of the Federal Constitution. It makes no pretensions to completeness, either as a summary of the events of that period or as a discussion of the political questions involved in them. I have aimed especially at grouping facts in such a way as to bring out and emphasize their causal sequence, and it is accordingly hoped that the book may prove useful to the student of American history.

My title was suggested by the fact of Thomas Paine's stopping the publication of the "Crisis," on hearing the news of the treaty of 1783, with the remark, "The times that tried men's souls are over." Commenting upon this, on page 55 of the present work, I observed that so far from the crisis being over in 1783, the next five years were to be the most critical time of all. I had not then seen Mr. Trescot's "Diplomatic History of the Administrations of Washington and Adams," on page 9 of which he uses almost the same words: "It must not be supposed that the treaty of peace secured the national life. Indeed, it would be more correct to say that the most critical period of the country's history embraced the time between 1783 and the adoption of the Constitution in 1788."

That period was preëminently the turning-point in the development of political society in the western hemisphere. Though small in their mere dimensions, the events here summarized were in a remarkable degree germinal events, fraught with more tremendous alternatives of future welfare or misery for mankind than it is easy for the imagination to grasp. As we now stand upon the threshold of that mighty future, in the light of which all events of the past are clearly destined to seem dwindled in dimensions and significant only in the ratio of their potency as causes; as we discern how large a part of that future must be the outcome of the creative work, for good or ill, of men of English speech; we are put into the proper mood for estimating the significance of the causes which determined a century ago that the continent of North America should be dominated by a single powerful and pacific federal nation instead of being parcelled out among forty or fifty small communities, wasting their strength and lowering their moral tone by perpetual warfare, like the states of ancient Greece, or by perpetual preparation for warfare, like the nations of modern Europe. In my book entitled "American Political Ideas, viewed from the Standpoint of Universal History," I have tried to indicate the pacific influence likely to be exerted upon the world by the creation and maintenance of such a political structure as our Federal Union. The present narrative may serve as a commentary upon what I had in mind on page 133 of that book, in speaking of the work of our Federal Convention as "the finest specimen of constructive statesmanship that the world has ever seen." On such a point it is pleasant to find one's self in accord with a statesman so wise and noble as Mr. Gladstone, whose opinion is here quoted on page 223.

To some persons it may seem as if the years 1861–65 were of more cardinal importance than the years 1783–89. Our civil war was indeed an event of prodigious magnitude, as measured by any standard that history affords; and there can be little doubt as to its decisiveness. The measure of that decisiveness is to be found in the completeness of the reconciliation that has already, despite the feeble wails of unscrupulous place-hunters and unteachable bigots, cemented the Federal Union so powerfully that all likelihood of its disruption may be said to have disappeared forever. When we consider this wonderful harmony which so soon has followed the deadly struggle, we may well believe it to be the index of such a stride toward the ultimate pacification of mankind as was never made before. But it was the work done in the years 1783–89 that created a federal nation capable of enduring the storm and stress of the years 1861–65. It was in the earlier crisis that the pliant twig was bent; and as it was bent, so has it grown; until it has become indeed a goodly and a sturdy tree.

Cambridge, October 10, 1888.

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CONTENTS.

12 Effects of Rodney's victory 13 Misunderstanding between Fox and Shelburne 14 Fall of the Rockingham ministry 15 Shelburne becomes prime minister 16 Defeat of the Spaniards and French at Gibraltar 17 French policy opposed to American interests 18 The valley of the Mississippi; Aranda's prophecy 19 The Newfoundland fisheries 20 Jay detects the schemes of Vergennes 21 And sends Dr Vaughan to visit Shelburne 22 John Adams arrives in Paris and joins with Jay in insisting upon a separate negotiation with England 23, 24 The separate American treaty, as agreed upon: 1. Boundaries 25 2. Fisheries; commercial intercourse 26 3. Private debts 27 4. Compensation of loyalists 28–32 Secret article relating to the Yazoo boundary 33 Vergennes does not like the way in which it has been done 33 On the part of the Americans it was a great diplomatic victory 34 Which the commissioners won by disregarding the instructions of Congress and acting on their own responsibility 35 The Spanish treaty 36 The French treaty 37 Coalition of Fox with North 38–42 They attack the American treaty in Parliament 43 And compel Shelburne to resign 44 Which leaves England without a government, while for several weeks the king is too angry to appoint ministers 44 Until at length he succumbs to the coalition, which presently adopts and ratifies the American treaty 45 The coalition ministry is wrecked upon Fox's India Bill 46 Constitutional crisis ends in the overwhelming victory of Pitt in the elections of May, 1784 47 And this, although apparently a triumph for the king, was really a death-blow to his system of personal government 48, 49 CHAPTER II. THE THIRTEEN COMMONWEALTHS. Cessation of hostilities in America 50

Departure of the British troops 51 Washington resigns his command 52 And goes home to Mount Vernon 53 His "legacy" to the American people 54 The next five years were the most critical years in American history 55 Absence of a sentiment of union, and consequent danger of anarchy 56, 57 European statesmen, whether hostile or friendly, had little faith in the stability of the Union 58 False historic analogies 59 Influence of railroad and telegraph upon the perpetuity of the Union 60 Difficulty of travelling a hundred years ago 61 Local jealousies and antipathies, an inheritance from primeval savagery 62, 63 Conservative character of the American Revolution 64 State governments remodelled; assemblies continued from colonial times 65 Origin of the senates in the governor's council of assistants 66 Governors viewed with suspicion 67 Analogies with British institutions 68 The judiciary 69 Restrictions upon suffrage 70 Abolition of primogeniture, entails, and manorial privileges 71 Steps toward the abolition of slavery and the slave-trade 72–75 Progress toward religious freedom 76, 77 Church and state in Virginia 78, 79 Persecution of dissenters 80 Madison and the Religions Freedom Act 81 Temporary overthrow of the church 82 Difficulties in regard to ordination; the case of Mason Weems 83 Ordination of Samuel Seabury by non-jurors at Aberdeen 84 Francis Asbury and the Methodists 85 Presbyterians and Congregationalists 86 Roman Catholics 87 Except in the instance of slavery, all the changes described in this chapter were favourable to the union of the states 88 But while the state governments, in all these changes, are seen working smoothly, we have next to observe, by contrast, the clumsiness and inefficiency of the federal government

href="@public@vhost@g@gutenberg@html@files@27430@[email protected]#Page_89" class="pginternal" tag="{http://www.w3.org/1999/xhtml}a">89 CHAPTER III. THE LEAGUE OF FRIENDSHIP. The several states have never enjoyed complete sovereignty 90 But in the very act of severing their connection with Great Britain, they entered into some sort of union 91 Anomalous character of the Continental Congress 92 The articles of confederation; they sought to establish a "league of friendship" between the states 93–97 But failed to create a federal government endowed with real sovereignty 98–100 Military weakness of the government 101–103 Extreme difficulty of obtaining a revenue 104, 105 Congress, being unable to pay the army, was afraid of it 106 Supposed scheme for making Washington king 107 Greene's experience in South Carolina 108 Gates's staff officers and the Newburgh address 109 The danger averted by Washington 110, 111 Congress driven from Philadelphia by mutinous soldiers 112 The Commutation Act denounced in New England 113 Order of the Cincinnati 114–117 Reasons for the dread which it inspired 118 Congress finds itself unable to carry out the provisions of the treaty with Great Britain 119 Persecution of the loyalists 120, 121 It was especially severe in New York 122 Trespass Act of 1784 directed against the loyalists 123 Character and early career of Alexander Hamilton 124–126 The case of Rutgers v. Waddington 127, 128 Wholesale emigration of Tories 129, 130 Congress unable to enforce payment of debts to British creditors 131 England retaliates by refusing to surrender the fortresses on the northwestern frontier 132, 133 CHAPTER IV. DRIFTING TOWARD ANARCHY. The barbarous superstitions of the Middle Ages concerning trade were still rife in the eighteenth century 134 The old theory of the uses of a colony 135 Pitt's unsuccessful attempt to secure free trade between Great Britain and the United States 136 Ship-building in New England

tag="{http://www.w3.org/1999/xhtml}a">137 British navigation acts and orders in council directed against American commerce 138 John Adams tried in vain to negotiate a commercial treaty with Great Britain 139, 140 And could see no escape from the difficulties except in systematic reprisal 141 But any such reprisal was impracticable, for the several states imposed conflicting duties 142 Attempts to give Congress the power of regulating commerce were unsuccessful 143, 144 And the several states began to make commercial war upon one another 145 Attempts of New York to oppress New Jersey and Connecticut 146 Retaliatory measures of the two latter states 147 The quarrel between Connecticut and Pennsylvania over the possession of the valley of Wyoming 148–150 The quarrel between New York and New Hampshire over the possession of the Green Mountains 151–153 Failure of American diplomacy because European states could not tell whether they were dealing with one nation or with thirteen 154, 155 Failure of American credit; John Adams begging in Holland 156, 157 The Barbary pirates 158 American citizens kidnapped and sold into slavery 159 Lord Sheffield's outrageous pamphlet 160 Tripoli's demand for blackmail 161 Congress unable to protect American citizens 162 Financial distress after the Revolutionary War 163, 164 State of the coinage 165 Cost of the war in money 166 Robert Morris and his immense services 167 The craze for paper money 168 Agitation in the southern and middle states 169–171 Distress in New England 172 Imprisonment for debt 173 Rag-money victorious in Rhode Island; the "Know Ye" measures 174–176 Rag-money defeated in Massachusetts; the Shays insurrection 177–181 The insurrection suppressed by state troops 182 Conduct of the neighbouring states 183 The rebels pardoned 184 Timidity of Congress

tag="{http://www.w3.org/1999/xhtml}a">185, 186 CHAPTER V. GERMS OF NATIONAL SOVEREIGNTY. Creation of a national domain beyond the Alleghanies 187, 188 Conflicting claims to the western territory 189 Claims of Massachusetts and Connecticut 189, 190 Claims of New York 190 Virginia's claims 191 Maryland's novel and beneficent suggestion 192 The several states yield their claims in favour of the United States 193, 194 Magnanimity of Virginia 195 Jefferson proposes a scheme of government for the northwestern territory 196 Names of the proposed ten states 197 Jefferson wishes to prohibit slavery in the national domain 198 North Carolina's cession of western lands 199 John Sevier and the state of Franklin 200, 201 The northwestern territory 202 Origin of the Ohio company 203 The Ordinance of 1787 204–206 Theory of folkland upon which the ordinance was based 207 Spain, hearing of the secret article in the treaty of 1783, loses her temper and threatens to shut up the Mississippi River 208, 209 Gardoqui and Jay 210 Threats of secession in Kentucky and New England 211 Washington's views on the political importance of canals between east and west 212 His far-sighted genius and self-devotion 213 Maryland confers with Virginia regarding the navigation of the Potomac 214 The Madison-Tyler motion in the Virginia legislature 215 Convention at Annapolis, Sept 11, 1786 216 Hamilton's address calling for a convention at Philadelphia 217 The impost amendment defeated by the action of New York; last ounce upon the camel's back 218–220 Sudden changes in popular sentiment 221 The Federal Convention meets at Philadelphia, May, 1787 222 Mr. Gladstone's opinion of the work of the convention 223 The men who were assembled there

class="pginternal" tag="{http://www.w3.org/1999/xhtml}a">224, 225 Character of James Madison 226, 227 The other leading members 228 Washington chosen president of the convention 229 CHAPTER VI. THE FEDERAL CONVENTION. Why the proceedings of the convention were kept secret for so many years 230 Difficulty of the problem to be solved 231 Symptoms of cowardice repressed by Washington's impassioned speech 232 The root of all the difficulties; the edicts of the federal government had operated only upon states, not upon individuals, and therefore could not be enforced without danger of war 233–233 The Virginia plan, of which Madison was the chief author, offered a radical cure 236 And was felt to be revolutionary in its character 237–239 Fundamental features of the Virginia plan 240, 241 How it was at first received 242 The House of Representatives must be directly elected by the people 243 Question as to the representation of states brings out the antagonism between large and small states 244 William Paterson presents the New Jersey plan; not a radical cure, but a feeble palliative 245 Straggle between the Virginia and New Jersey plans 246–249 The Connecticut compromise, according to which the national principle is to prevail in the House of Representatives, and the federal principle in the Senate, meets at first with fierce opposition 250, 251 But is at length adopted 252 And proves a decisive victory for Madison and his methods 253 A few irreconcilable members go home in dudgeon 254 But the small states, having been propitiated, are suddenly converted to Federalism, and make the victory complete 255 Vague dread of the future west 255 The struggle between pro-slavery and anti-slavery parties began in the convention, and was quieted by two compromises 256 Should representation be proportioned to wealth or to population? 257 Were slaves to be reckoned as persons or as chattels? 258 Attitude of the Virginia statesmen 259 It was absolutely necessary to satisfy South Carolina 260 The three fifths compromise, suggested by Madison, was a genuine English solution, if ever there was one 261 There was neither rhyme nor reason in it, but for all that, it was the best solution attainable at the time 262 The next compromise was between

New England and South Carolina as to the foreign slave-trade and the power of the federal government over commerce 263 George Mason calls the slave-trade an "infernal traffic" 264 And the compromise offends and alarms Virginia 265 Belief in the moribund condition of slavery 266 The foundations of the Constitution were laid in compromise 267 Powers granted to the federal government 268 Use of federal troops in suppressing insurrections 269 Various federal powers 270 Provision for a federal city under federal jurisdiction 271 The Federal Congress might compel the attendance of members 272 Powers denied to the several states 272 Should the federal government he allowed to make its promissory notes a legal tender in payment of debts? powerful speech of Gouverneur Morris 273 Emphatic and unmistakable condemnation of paper money by all the leading delegates 274 The convention refused to grant to the federal government the power of issuing inconvertible paper, but did not think an express prohibition necessary 275 If they could have foreseen some recent judgments of the supreme court, they would doubtless have made the prohibition explicit and absolute 276 Debates as to the federal executive 277 Sherman's suggestion as to the true relation of the executive to the legislature 278 There was to be a single chief magistrate, but how should he be chosen? 279 Objections to an election by Congress 280 Ellsworth and King suggest the device of an electoral college, which is at first rejected 281 But afterwards adopted 282 Provisions for an election by Congress in the case of a failure of choice by the electoral college 283 Provisions for counting the electoral votes 284 It was not intended to leave anything to be decided by the president of the Senate 285 The convention foresaw imaginary dangers, but not the real ones 286 Hamilton's opinion of the electoral scheme 287 How it has actually worked 288 In this part of its work the convention tried to copy from the British Constitution 289 In which they supposed the legislative and executive departments to be distinct and separate 290 Here they were misled by Montesquieu and Blackstone

href="@public@vhost@g@gutenberg@html@files@27430@[email protected]#Page_291" class="pginternal" tag="{http://www.w3.org/1999/xhtml}a">291 What our government would be if it were really like that of Great Britain 292–294 In the British government the executive department is not separated from the legislative 295 Circumstances which obscured the true aspect of the case a century ago 296–298 The American cabinet is analogous, not to the British cabinet, but to the privy council 299 The federal judiciary, and its remarkable character 300–301 Provisions for amending the Constitution 302 The document is signed by all but three of the delegates 303 And the convention breaks up 304 With a pleasant remark from Franklin 305 CHAPTER VII. CROWNING THE WORK. Franklin lays the Constitution before the legislature of Pennsylvania 306 It is submitted to Congress, which refers it to the legislatures of the thirteen states, to be ratified or rejected by the people in conventions 307 First American parties, Federalists and Antifederalists 308, 309 The contest in Pennsylvania 310 How to make a quorum 311 A war of pamphlets and newspaper squibs 312, 313 Ending in the ratification of the Constitution by Delaware, Pennsylvania, and New Jersey 314 Rejoicings and mutterings 315 Georgia and Connecticut ratify 316 The outlook in Massachusetts 317, 318 The Massachusetts convention meets 319 And overhauls the Constitution clause by clause 320 On the subject of an army Mr. Nason waxes eloquent 321 The clergymen oppose a religious test 322 And Rev. Samuel West argues on the assumption that all men are not totally depraved 323 Feeling of distrust in the mountain districts 324 Timely speech of a Berkshire farmer 325, 326 Attitude of Samuel Adams 326, 327 Meeting of mechanics at the Green Dragon 327 Charges of bribery 328 Washington's fruitful suggestion

tag="{http://www.w3.org/1999/xhtml}a">329 Massachusetts ratifies, but proposes amendments 330 The Long Lane has a turning and becomes Federal Street 331 New Hampshire hesitates, but Maryland ratifies, and all eyes are turned upon South Carolina 332 Objections of Rawlins Lowndes answered by Cotesworth Pinckney 333 South Carolina ratifies the Constitution 334 Important effect upon Virginia, where thoughts of a southern confederacy had been entertained 335, 336 Madison and Marshall prevail in the Virginia convention, and it ratifies the Constitution 337 New Hampshire had ratified four days before 338 Rejoicings at Philadelphia; riots at Providence and Albany 339 The struggle in New York 340 Origin of the "Federalist" 341–343 Hamilton wins the victory, and New York ratifies 344 All serious anxiety is now at an end; the laggard states, North Carolina and Rhode Island 345 First presidential election, January 7, 1789; Washington is unanimously chosen 346 Why Samuel Adams was not selected for vice-president 347 Selection of John Adams 348 Washington's journey to New York, April 16–23 349 His inauguration 350

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